Mojibar Sk @ Mojibar Sekh @ Majibar Sk v. State Of West Bengal

05.12.2023 (A. 28) C.R.M. (A) 4447 of 2023 In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed in connection with English Bazar Police Station Case No. 1046 of 2023 dated 09.07.2023 under Section 3 of the Explosive Substances Act and Section 25 of the Arms Act and Sections 323/325/448/506/34 of the IPC. Court No. 29 S. Banerjee And In the matter of: Mojibar Sk. @ Mojibar Sekh @ Majibar Sk. ....petitioner Md. Wasim Akram ...for the petitioner Mr. Sudip Ghosh Mr. Bitasok Banerjee ...for the State

1. Heard learned Counsel for both the parties.

2. It is alleged that the petitioner was in possession of explosive substances and arms during the Panchayat elections. The allegation per se appears to be omnibus as there is no supportive evidence of any seizure etc.

3. Regard being had to the facts and submissions, factum of permanent residence of the petitioners, nature of allegation, nature of evidence and substantial progress in investigation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest in the aforesaid P. S. Case on such terms and conditions as deemed just and proper in the facts and circumstances of the case.

4. The application being CRM (A) 4447 of 2023 is disposed of. (Chitta Ranjan Dash, J.) (Partha Sarathi Sen, J.)